An employee was injured when an air hose broke loose from a pneumatic hammer.
The Division cited Employer under section 3328(b) for not inspecting the hoses
and connections pursuant to the manufacturer's recommendations. The Board holds
that the manufacturer's recommendations did not require disassembly of the hose
to check the O-rings or a microscopic examination for thread wear, and Employer
did enough inspection to comply with the safety order. Employer's appeal was
granted. Employer was also cited for allowing an employee to use the defective
pneumatic hammer. The Division failed to prove by non-hearsay reliable evidence
that the hammer the compliance officer examiined in the laboratory and found
to be defective was the one being used by the injured employee at the time of
the accident. Employer's appeal was granted.